Johnnie Lee Wilson v. State

Opinion

ACCEPTED 03-15-00510-CR 7444361 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/20/2015 6:31:43 AM JEFFREY D. KYLE CLERK

NO. 03-15-00510-CR

JOHNNIE LEE WILSON § IN THE FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS vs. § 3rd COURT 10/20/2015 6:31:43 AM § JEFFREY D. KYLE Clerk STATE OF TEXAS § OF APPEALS, Austin, T~xas

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes JOHNNIE WILSON Appellant in the above styled and

numbered cause, and moves this Court to grant an extension of time to file

Appellant's Brief pursuant to Rule 38.6 (d) of the Texas Rules of Appellate

Procedure, and for good cause shows

the following:

1. On October 19 2015 this counsel filed Appellant's Motion to

Extend Time to File Appellant's Brief.

2. This case is on appeal from the 391st81 District Court of Tom

Green County Texas.

3. · The case below was styledState vs. Johnnie Wilson and

numbered D-14-0850-SA. The Appellant was convicted of

Aggravated robbery was sentenced to 25 years in the institutional

1 division of the Texas Department of Criminal Justice On April 29,

2015. A Motion for new trial was filed. May 28, 2015.

5. Notice of appeal was giVen on August 11, 2015 after and

extension was granted by this court.

6. The clerk's record was filed on August 27, 2015; the reporter's

record was file on August 21, 2015.

8. Counsel is appointed in this matter. Counsel was not trial counsel in

this matter and needs additional time to review the clerk's record and

reporter's record in the matter and draft the brief in order to render

effective assistance of counsel.

9. Counsel therefore requests this court extend the time for filing

said Brief to days 60 from the current due date of September 28, 2015,

2015.

10. No previous Extensions have been granted regarding this

matter.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion To Extend Time to File Appellant's Brief, and for such

other and further relief as the Court may deem appropriate.

2 Respectfully submitted, Nathan Butler Attorney at law 123 S. Washington San Angelo, Texas 7690 1 Tel: (325) 653-2373 Fax: (325) 482-8064

By:/s/ Nathan Butler Nathan Butler State Bar No. 24006935 Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on, October 19, 2015, a true and correct copy of the

above and foregoing document was served on the following by united states mail.

Allison Palmer District Attorney 51 st District Court Tom Green County 124 W. Beauregard San Angelo, Texas 76903

Is/Nathan Butler Nathan Butler

3 STATE OF TEXAS § § COUNTY OF Tom Green §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

Nathan Butler, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Appellant's Motion To

Extend Time to File Appellant's Brief and swear that all of the

allegations of fact contained therein are true and correct."

e&.d!!Pt7~ Nathan Butler Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on October 19, 2015, to

certify which witness my hand and seal of office.

Notary Public, State of Texas

s/j>~.Yf;\ .:.~,/'! MELVA LANITA BUTLER Notorv Public. State of Texas I 4 <:.:~;.:, ...~:.~" My Commission Expires ··.,:;.~:.~····' SeptemDer 17, 2018